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City of OR ONO <br />CITY RESOLUTION OF THE CITY COUNCIL <br />OF NO. 2809 <br />DROND <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERNIT <br />PER MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 19 <br />FILE #1517 <br />WHEREAS, Mr. and Mrs. Whitney MacMillan (hereinafter "the <br />applicants") have an interest in and intend to become the future <br />owners of the property located adjacent to 1560 Fox S'.:eet within the <br />City of Orono (hereinafter "City") and legally described as follows: <br />Exhibit A attached (hereinafter "the property"); and <br />WHEREAS, the applicants have applied to the City for a <br />Conditional Use Permit as required by Municipal Zoning Code Section <br />10.03, Subdivision 19, to permit the excavation of a pond area <br />involving removal of approximately 1700 cubic yards of material. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1517. <br />2. The property is located in the RR-lB, Single Family Rural <br />Residential Zoning District. <br />3. On April 16th, 1990 the Orono Planning Commission reviewed <br />the application as proposed and recommended approval, finding <br />that the proposed excavation will have no significant effect o- <br />the quantity or quality of run-off reaching Lake Minnetonka, an,, <br />will not provide a significant public benefit that would require <br />granting of a conservation and f lowage easement. The Planning <br />Commission further found that all dredged spoils will be trucked <br />off the site, and that the use of the pond is decorative in <br />nature. The Planning Commission further noted that the City <br />Engineer had reviewed the applicaticn and had no problems with <br />the proposal. <br />4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports <br />by staff, comments by the applicant and the effect of the <br />proposed use on the health, safety and welfare of the community. <br />Page 1 of 4 <br />